2013-惇蹋厙AT-362

惇蹋厙AT Held or 惇蹋厙DT Pronouncements

惇蹋厙AT considered two appeals, one by Ms S. Nourain and one by Ms A Nourain, against judgment No. 惇蹋厙DT/2012/142. 惇蹋厙AT dismissed Ms A. Nourain＊s appeal as she was not a party to the proceedings and had no standing to appeal. 惇蹋厙AT held that the facts were not disputed; the misconduct had been established and so had its seriousness. 惇蹋厙AT held that it could not say that the sanction of dismissal was unfair or disproportionate to the seriousness of the offences. 惇蹋厙AT dismissed the appeal of Ms A Nourain as not receivable and the appeal of Ms S. Nourain on the merits.

Decision Contested or Judgment/Order Appealed

惇蹋厙DT judgment: The Applicants, sisters, contested the decisions to separate them from service. Ms S. Nourain had made a material omission in her Personal History Profile (PHP) by failing to disclose that her sister also worked for African Union-United Nations Hybrid Operation in Darfur (惇蹋厙AMID) and she failed to respond to the investigator＊s requests for information. Of the two sisters, only Ms S. Nourain filed an application with 惇蹋厙DT. 惇蹋厙DT rejected her application.

Legal Principle(s)

惇蹋厙AT will not substitute its own judgment for that of the competent decision-maker.

Outcome

Appeal dismissed on merits; Appeal dismissed on receivability

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The judgment summaries were generally prepared in English. They were translated into French and are being reviewed for accuracy of the translation.

Applicants/Appellants

S. Nourain & A. Nourain

Entity

Case Number(s)

Tribunal

Registry